Skip to content
General Landlording & Rental Properties

User Stats

18
Posts
11
Votes
Jon P.
  • Rental Property Investor
  • Beverly, MA
11
Votes |
18
Posts

Lead Paint: What is the End Game?

Jon P.
  • Rental Property Investor
  • Beverly, MA
Posted May 23 2015, 19:57

Massachusetts needs an end game for its Lead Law. Officially, “the Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live.”

The law, as is true of most laws, certainly had the best intentions. The mass.gov website states the laws intention as thusly: “The Lead Law protects child's right to a lead-safe home.” I feel like everyone is on board with this mission.

However, we are now 37 years into the laws stated purpose and any and all construction or renovations since have been lead free. In Massachusetts, an overwhelming majority of houses were built pre-’78 but, I would assume, 37 years out lead free improvements have made their considerable mark on the landscape of child safety.

Is the problem solved? I would certainly doubt it. Sadly, I am sure families deal with this issue throughout the state and beyond. I have not researched current numbers of lead poisoning cases, not because I don't find the stats important but moreso because I now have kids of my own and I don't feel like going down that rabbit hole on my Saturday night. But I write this to ask the question: What’s the end game for this law?

Again from mass.gov: “The Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live.” and furthermore, “owners are responsible with complying with the law. This includes owners of rental property as well as owners living in their own single family home.” The removal process? Well, you know, this is Massachusetts after all, so the amount of licensed professionals that are required to be involved escalates quickly. If you had to guess as to wether or not this is an expensive or inexpensive process your guess would be.....?

Seeing as how it is illegal to descriminate against families, the stringent nature of these laws puts many landlords into a choice between adhering to the laws by diving head first into a cost prohibitive, cap-ex hell or trying to find their way around the laws thereby exposing themselves a litany of fines and possible jail time that I couldn't even begin to comprehend….you know, not to mention endangering the lives of children.

So What is the end game? If the risk today and into the future is as great as it is was in ’78 then by all means, let's continue on as we are now. But assuming these laws have been effective over the course of the last 37 years, then isn’t it reasonable to assume that within the next 20 or so years (an arbitrary number to be sure) won't we reach the point where this law is no longer necessary? Won't the remnants of lead paint eventually drop to a non-zero amount?

I would like to move toward an end date for this law (in the event that anyone cares). I don't mind if its 5 years or 30 years away, but we need to move towards a date when we can rest assured that that all families and their children are safe in their homes and relieve property owners of this financially burdensome law.

I'm going to bed.  Be Good. Be Well.

Loading replies...